Malcolm explained to show host Kwame Holman how the Second Amendment came to be and what research suggests the framers of the Constitution intended, predicting that the assault weapons ban was not likely to move to the Senate floor because it seems to ignore recent Supreme Court decisions that establish an individual right to own guns that are commonly used for protection.

"I don't really think the idea that you can ban them or reduce the magazine will really pass constitutional muster," Malcolm said. "If your standard is common use, these are all in common use for lawful purposes."